BRILLIANT Legal Theory from SCOTUS Tariff Ruling Could Reshape ICE Detention Cases - Talking Feds

[Rhiannon12866]

Harry Litman breaks down a novel legal argument the ACLU is using to fight the Trump Administration's controversial mandatory detention policy. The argument, interestingly, has evolved from the Supreme Court's ruling in the tariff case, Learning Resources v. Trump. - 02/24/2026.

[usonian]

1. Brilliant only if it works

https://pastebin.com/raw/ZhPhBVrA

The tariffs opinion because recall in the tariffs opinion you had the Supreme Court decide that the tariffs that Trump was imposing were uh in fact uh taxes and that Congress had never authorized those taxes and whether they did it by virtue of the so-called major questions doctrine which means that's a big deal and Congress would have made clear or just as uh Justice Kagan for three members and maybe four said, you can just do regular statuto interpretation here and fine

Congress has never provided this authority whether uh or not, however you look at it, the ACLU argues in the A circuit, hey, this is the same thing as what's happening in our case

You have the immigration and naturalization act and you have the administration coming in with this complete new interpretation according to which applicants for admission are uh or or include people who have been here 30 or 40 years.

That is a dramatic change by the administration
It's it completely unprecedented and no previous administration did it

[Rhiannon12866]

2. Thank you, and this policy truly is unprecedented

We are a nation of immigrants, always have been, and even Reagan supported immigration.